2004 Volvo S80 Failed Smog Test Seller Refuses to Accept Responsibility

When we bought this 2004 Volvo S80, the seller gave us evidence that the car had passed smog about 4 months earlier. When we went to DMV, we were unable to register without new smog certificate because the last one was more than 90 days old.

Went to smog station but could not get certified because our Volvo would not pass the functional portion of the smog inspection due to OBD "transmission service urgent" and "check engine" warning messages having been recently reset.

The warning messages have now come back on. Turns out car needs new transmission and radiator before it will pass functional part of smog check. Seller refuses to accept any responsibility. Smog repairs will cost $6000+. We understand in CA seller is responsible for car to pass smog check. Does this responsibility include the functional part of the inspection? What can we do? If we do the repairs, will the seller be liable for the cost?

Answer:

Your are correct in terms of the seller of a vehicle being responsible for providing a Valid smog check certificate during the sale of a vehicle; seen in Section 24007 (b)(2) of the California Vehicle Code. There is no provision in the law to sell a vehicle "as is" in reference to the smog inspection.

You have the option of paying for the smog repairs this Volvo S80 needs in order to pass the smog check however you might end up having to take the seller to small claims court to recover your cost if the seller does not cooperate. Although the law clearly supports you as the buyer, collecting on a small claims judgment can be difficult, so the amicable solution is usually best.

posted by SmogTips Support